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HomeMy WebLinkAbout05-1731 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA ROGER J. RICHWINE, JR., Plaintiff * NO. (}).. /73/ ~ * * VS. * CIVIL ACTION - LAW IN DIVORCE * TIFFANY L. RICHWINE, Defendant * * NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED TIIAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF mE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LffiERTY A VENUE CARLISLE, P A 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROGER J. RICHWINE, JR., Plaintiff * NO. 05- /731 u:;J- ~ * '" VS. '" CIVIL ACTION - LAW IN DIVORCE '" TIFFANY L. RICHWINE, Defendant * '" COMPLAINT COUNT 1- DIVORCE 1. The Plaintiff is Roger J. Richwine, Jr., who currently resides at 60A Springers Lane, New Cumberland, York County, Pennsylvania. 2. The Defendant is Tiffany L. Richwine, who currently resides at 41 King Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 1, 1994, in Carlisle, Pennsylvania. 5. The parties are the parents of two (2) minor children: Logan R. Richwine, born on May 17, 1998; and Lainey R. Richwine, born on August 13, 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9 Plaintiffhas been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) ~3301(c). The marriage of the parties is irretrievably broken. (b) ~3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will file an affidavit stating that the parties have been living separate and apart for at least two (2) years. 11. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT JI- CLAIM ~OR EQUlTAPLE DMSION OF MARITAL PROPERTY UNDER f3502(a) OF THE DIVORCE CODE 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth in full. 13. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to ~3502(a) ofthe Divorce Code. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Bradle A. ID # 7 41 130 W. hurch Street Dillsburg, P A 17019 (717) 432-9666 By: Dated: <; I ~ J J of VERIFICA TION I, Roger 1. Richwine, Jr., verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. es. ~4904, relating to unsworn falsification to authorities. Date: 3;4;0'5 ~ ~ 1 ~ ~' ~ ~ ~ ~ --t. ~ '- ()~~ " \ . \ , ~ ~~~ "\'\,~ " ~~~ ~~\~ ,. t ~ * \ 1<> 0 f~. ~ '.~ ~"~l ~if1 P ';..J ~.:,!8 ~c '~~J~ \_,0, :~.:\ '~.12 ( 5'" '_ OJ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROGER J. RICHWINE. JR.. Plaintiff NO. 05-1731 Civil Term vs. * * * * CIVIL ACTION - LAW IN DIVORCE * TIFFANY L. RICHWINE, Defendant * * AFFIDAVIT OF SERVICE I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she served a Complaint in Divorce upon the Defendant, at the Defendant's last known address as follows: Tiffany L. Richwine, 41 King Drive, Carlisle, PA 17013, by certified mail, return receipt requested, restricted delivery, on April 4, 2005, and the same was received by her on April 6, 2005. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit" A" and made a part hereof by reference thereto. Date: April 8, 2005 WILEY, LENOX, COLGAN & MARZZACCO, P.C. },,, fl7lzru~" , herie A. Minich' By: COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF YORK On this, the 8th day of April, 2005, before me, a notary public, personally appeared Sherie A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and NOTARY P C My Commission Expires: Notarial Seal S Dawn Gladfelter, Notary Public . Dillsburg Boro, York County My Commission Exp"es May 17. 2005 Member, pennsylvamaAsSOCiationotNotarieS . U.S. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Ul Ul ".... .., ~ C":;"'~""!i~"'~"';:"",i",,";:TIIL' , ',,","':;:""'!" ...D J m D Certified Fee Cl o Return Reciept Fee (Endorsement Required) o Restricted Delivery Fee Ll"l (Endorsement Required) ['- Cl ,~ ,/~ Postage $ . ~~Q;;~~liR Poslmali( Here .~ Total Postage & Fees ~ en' T"-7J7lft. i " ,-(',~:- ~ Sties!..p" k~ aa~m ,m'" " IthLLHOC-mnmnm,mmnmn ~:;::";;/LjfH nJ2tJrt..m"nnnnnmmmmnm,m 01 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D Agent o Addressee C. D,terf Delivery Vf -{,-ur D. Is delivery add different from Item 1? 0 Yes If YES, enter delivery address below: 0 No ~ ~ .4 f;fftMy L. ~dtWil/e.., 4/ I< ifl~ DnYfL Ca.ltsle, /J; 17613 3; ServjPe Type [lKiertlfied Mall D Registered o Insured Mall [J ~Mail ~eturn Receipt for Merchandise DC,D,D, 4. Restricted Delivery? (Extni Fee) as 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7004 0750 0003 6351 8955 Domestic Return Receipt 102595-02.M.1540 EXHIBIT "A" -, c ..,.. -r)liJ f~l) \T1 ",,;:!;-. r~~0 ;~8 .JO' .;; ~ "", ,:C;l ~':I~ () -jl ::? \'i-: ~,""" :'::Y" :;i.) -C} -.::.. ':'? Q W , Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 ROGER J. RICHWINE, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 05-1731 CIVIL TERM TIFFANY L. RICHWINE, Defendant : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO: Curtis R. Long, Prothonotary Please withdraw the appearance of Robert L. O'Brien, Esquire, as counsel for Defendant, TIFFANY L. RICHWINE, in the above-captioned action. O'BRIEN, BARIC & SCHERER DATE: '1/29/0:;: BY~ ROBERT L. O'BRIEN, ESQUIRE 19 West South Street Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE TO: Curtis R. Long, Prothonotary Please enter the appearance of Constance P. Brunt, Esquire, as counsel for Defendant, TIFFANY L. RICHWINE, in the above-captioned action. DATE: Ic/i/er d/J@, CONSTANCE P. BRUNT, ESQUIRE Supreme Court 1.0. #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 ';.." Cj c' c'_) C) ,. ", <::::::1 ~ C..Tl C) ,-, -j I '"" p n :]3 fl'j:IJ r-'~ .-nED ": ~ (i,) ,'--r, ') ~J'- "',.r"'. :...'5/";1 ;.-:-~ 55 -< " ::~,: 1"\,) , . D~ - /731 (!io~CT~ MARITAL SETTLEMENT AGREEMENT TillS MARITAL SETTLEMENT AGREEMENT, made this I "f+'1 day of JVol'){. .2006, by and between TIFFANY L. RICHWINE, of Enol a, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), and ROGER J. RICHWINE, JR., of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: . WHEREAS, the parties were married on October 1, 1994, in Carlisle, Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of two (2) minor children: Logan R. Richwine, born on May 17, 1998; and Lamey R. Richwine, born on August 13, 1999; . WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and fmally their respective fmancial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to th.e.past,present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass , . or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 330 I (c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the DivorceCode. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORA nON OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the , ' parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" dates which shall be specifically prescribed within this Agreement, including spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or sinillar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE . . to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. Notwithstanding the foregoing, WIFE expressly reserves her claim for any spousal support or alimony pendente lite as has accrued to the date of execution of this Agreement pursuant to the Order of Court entered by the Cumberland County Domestic Relations Section on September 1, 2005, docketed to No. 334 S 2005. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Constance P. Brunt, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has been represented by Bradley A. Winnick, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. , . 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF MARITAL RESIDENCE: The parties were joint owners of the former marital residence situate at 41 King Drive, Carlisle, Cumberland County, Pennsylvania. It is acknowledged that, subsequent to their separation and the filing of the Complaint in Divorce, the parties sold the marital residence on May 31, 2005. From the proceeds of that sale, after satisfaction of the mortgage encumbering the property, the parties subsequently agreed to pay a debt of approximately $475.00 to Lowes and a debt of approximately $500.00 to Suburban Energy Services. The remaining proceeds of $3,434.82 are currently being held in escrow for the parties by counsel for HUSBAND. It is agreed that the entire sum of the proceeds from the sale of the marital residence shall be released to WIFE, and that HUSBAND hereby waives any right, title, claim or interest he may have therein. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND is the owner ofa 401 (k) account with the Sutliff Chevrolet Co. Retirement Savings Plan. It is agreed , . that HUSBAND shall cause $4,000.00, as of the effective date of this Agreement, together with any interest or gains thereon until the date of distribution, to be transferred from that account to WIFE via Qualified Domestic Relations Order (QDRO). HUSBAND shall be responsible for the preparation of the QDRO. Other than the transfer detailed in this paragraph, the parties hereby waive any interest they may have in any retirement account owned by the other. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds . held by the other in any accounts. 15. MOTOR VEHICLES: WIFE shall retain sole and exclusive ownership and possession of the proceeds from the sale of the 1996 Chevrolet Blazer which was titled in her name. HUSBAND shall retain sole and exclusive ownership and possession of the 1987 Acura Legend currently titled in his name. HUSBAND shall remain solely responsible for any and all payments associated with this vehicle, includmg loan payments, insurance and maintenance, and shall indemnify and hold WIFE harmless against any liability resulting from her failure to make proper payments thereon. WIFE hereby waives any right, claim or interest she may have in said vehicle. 16. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. WAIVER OF ALIMONY: WIFE and HUSBAND recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, , . alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and costs. Notwithstanding the foregoing, WIFE expressly reserves her claim for any spousal support or alimony pendente lite as has accrued to the date of execution of this Agreement pursuant to the Order of Court entered by the Cumberland County Domestic-Relations Section on September 1,2005, docketed to No. 334 S 2005. 18. INCOME TAX: HUSBAND and WIFE agree to hereafter file separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such ta'C deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event that any additional taxes, penalties or interest are assessed as a result of a mathematical error or some other reason not related'to a party's under- reporting of income or claiming any improper deduction, such additional liability shall be divided between the parties pro rata to the gross taxable income of each as reported on that year's tax return. 19. APPLICABILITY OF T AX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. MARITAL DEBT: The parties accumulated marital debt which shall be distributed as follows: a) WIFE shall retain sole responsibility for the payment of the Members 1 st loan in her name, for which HUSBAND is listed as co-borrower. WIFE shall make all payments associated with this loan and shall indemnify and hold HUSBAND harmless against any liability associated with her failure to make proper payments thereon; b) HUSBAND shall retain sole responsibility for the payment of the OM Master Card in his name; and c) HUSBAND shall retain sole responsibility for the payment of the American Express Card account in his name. 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 22. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. . . 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that . . either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions ofthis Agreement shall be effective only ifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year fust above written. A#Zf WITNESS ~~(SEAL) T . E ~ (SEAL) . . COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF fy,yL.- On this, 1./"tJ- day of ;:;;; '-'-- , 2006, before me a Notary Public, personally appeared Tiffany L. Richwine, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. :J1I OF PENNSYLVANIA Notarial Seal Constance P. Brunt, Notary Public Susquehanna Twp., DauPhin County My Comml8alOn ExpIres Oct. 20, 2009 ~ Notary Public COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF r : On this, the /qilJday of 2JU _ ,2006, before me a Notary Public, personally appeared Roger J. Richwine, Jr., wn to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ~ J}ClIJj COMMONWEALTH OF PENNSYLVAN~otary Publi Notarial Seal S. Dawn Gladfelter, Notary PlbIlc Dillsburg Bore, Vorl< ColOlty My CoITmIsslon Expires May 17, 2009 Member. Pennsyfvania Association of Notaries r~ ~It j/'d:uU (") C' (..) -n :? no,;; "--," c-) ~;::J :-<. i .. Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cPbruntlli1CPBruntLaw.com ROGER J. RICHWINE, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff v. : NO. 05-1731 CIVIL TERM TIFFANY L. RICHWINE, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 1, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the decree. . " I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: /1 j3tJ/of, I -2- (") ~-;; "'-.:> = = 0-. o rf"l n o -n --; :J:'-n 111,: -u rn :uO (.-_:_~ (~) ,-~ "T; ~1~~ :;! ""J ::.::: -.-. '., 3: (.'J .. '...11 W ,- " Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cDbruntea!CPBruntLaw.com ROGER J. RICHWINE, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 05-1731 CIVIL TERM TIFFANY L. RICHWINE, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 tC) AND 13301 (D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. . J I verify that the statements made in this Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: 1I/?DJ?b -2- ~~~;?-_: ..---" ,- (") G '" ~';, r-...:> .;;::> -C:::".:> G:r' o rn c--) -u ---,.,.. -"~ (:) -11 -l ::::r;1:Il r. r- -nl-n -(jy ~~~~ ~~~ T1.:...._n fit ~~ ::'~j ~J ~ <:;'? c..n r Bradley A. Winnick, Esquire Supreme Court 10 # 78413 WILEY, LENOX, COLGAN & MARZZACCO 130 W. Church Street Olllsburg, PA 17019 (717) 432-9666 ROGER J. RICHWINE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TIFFANY L. RICHWINE, NO. 05-1731 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO: Curtis Long, Prothonotary Please mark as withdrawn and discontinued the Plaintiff's claim for equitable distribution, as set forth in Count II of Plaintiff's Complaint filed herein on April 1, 2005. DATE: I J 1/ 5' /Olt; 1/ Bradl Winnick, Esquire Supre Court ID # 78413 WILE ,LENOX, COLGAN & MARZZACCO 130 W. Church Street Dillsburg, PA 17019 Attorney for Plaintiff r-.:> = c:-;> 0.... c:;l rt'1 ("? o -rl .-1 ~-rJ f1 t;, -ob ".~JY ',~~~~ 'JJ. ~ -" ",- .. :i~ :.::::\ 1>- ~ (-;~: 0"1 .t:'" ~ . Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntCa>.CPBruntLaw.com ROGER J. RICHWINE, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 05-1731 CIVIL TERM TIFFANY L. RICHWINE, Defendant : IN DIVORCE MOTION FOR ENTRY OF STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the Defendant, TIFFANY L. RICHWINE, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. The parties to this action will be divorced by Decree of this Honorable Court to be entered contemporaneously herewith. 2. On June 19, 2006, the parties executed a Marital Settlement Agreement, pursuant to which they resolved all of their various economic claims against one another arising from their marriage, including, without limitation, equitable distribution of ~ . marital property. 3. In the aforesaid Agreement, the parties agreed to the equitable distribution of Plaintiff's account under the Sutliff Chevrolet Co. Retirement Savings Plan, and agreed to cooperate in the entry of a Qualified Domestic Relations Order directing the distribution of the said retirement plan account. 4. Attached hereto is a proposed Qualified Domestic Relations Order applicable to the Sutliff Chevrolet Co. Retirement Savings Plan, which has been signed and consented to by both parties and their counsel. 5. Plaintiff's counsel avers that Defendant's counsel concurs in this Motion. WHEREFORE, Defendant respectfully moves this Honorable Court to enter an Order in the proposed form attached hereto making distribution of the Plaintiff's Sutliff Chevrolet Co. Retirement Savings Plan account as set forth therein. Respectfully submitted, ~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court 10 No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cobru nt(Q>.C P B ru ntLaw. com Attorney for Defendant -2- ... ~ . CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the --r- /WL day of ~I ' 2007, I served a true and correct copy of the foregoing Motion for Entry of Stipulated Qualified Domestic Relations Order by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas M. Clark, Esquire Bradley A. Winnick, Esquire WILEY, LENOX, COLGAN & MARZZACCO 130 W. Church Street Dillsburg, PA 17019 Attorney for Plaintiff /20Y; {~;(?b CONSTANCE P. BRUNT, ESQUIRE Supreme Court 10 No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant -3- o ~- r-' .c"~ S <-- ~ - ......1 --0 ~ .~ -::r,,:D \ \ t::. .......-'"'\.!.J, -_\~) '-;; i;~~~1 (~;;, .~ . -,"\ \:~~ \._~;\ \:;.)\ ..\7 .~ -- t2 o N - .------- . -. Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbru nt@CPBruntLaw.com ROGER J. RICHWINE, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 05-1731 CIVIL TERM TIFFANY L. RICHWINE, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 1, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: tl/clo7 , r -2- o ~~. ~ 'S c.- ~<; ....- - -l -0 o -0 -\ ::C-n p,('""::; -n 1::':\ ;~\~\ (2'(:::\ /-hI 9 7 ~ ~<'" _.(J;'~ (...) o - Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunttQlCPBru ntLaw.com ROGER J. RICHWINE, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 05-1731 CIVIL TERM TIFFANY L. RICHWINE, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REqUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 eC) AND ~3301 (D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: I /;!:/()? , -2- C) ~;: ~ <= = --' <.- ~::: ..-- -J o -0 ::;.! f~l~ , -~!f-;j -,"C) '~ \ '-:':;.1 ~~}\ -:~~:2 E~l 9\01 -,- :J9. - -0 .....~'" 0) .' Q Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ROGER J. RICHWINE, JR., v. : NO. 05-1731 CIVIL TERM TIFFANY L. RICHWINE, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, Return Receipt Requested, Restricted Delivery on April 6, 2005. See Affidavit of Service filed herein on April 11, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff on November 30, 2006; by Defendant on January 15, 2007. (b)( 1) Date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: N/A. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice Of Intention To File Praecipe To Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver Of Notice was filed with the Prothonotary: December 11,2006. Date Defendant's Waiver Of Notice was filed with the Prothonotary: January 17, 2007. Respectfully submitted, DATE: l/tt.(d? b' /1 / " e1~ 'i/;Jr!-' CONSTANCE P. BRUNT, ESQUIRE Supreme Court J.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, P A 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant "" (::::> (.::.:~ --.J C_ ...',1"" -"~,'''' ~....... o Tl -I III r-np -0 rr; ~\~~\ -.J --r1 ....\,-.. ___t... -->.- -_.: . -'\ ,i .,~ C) ~::} PI ~r'1 :<. w C) rv - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROGER J. RICHWINE, JR., Plaintiff * NO. 05-1731 CIVIL TERM * * vs. * CIVIL ACTION - LAW IN DIVORCE * TIFF ANY L. RICHWINE, Defendant * * QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Marital Settlement Agreement dated June 19, 2006. The parties are divorced, pursuant to a final Decree in Divorce being entered contemporaneously with this Order. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under the Internal Revenue Code of 1986 ("Code") 9414(p). The Court enters this QDRO pursuant to its authority under 23 Pa.C.S.A. 93502. II. Statements of Fact Pursuant to Code ~414(p) 3. This Order applies to the Sutliff Chevrolet Co. Retirement Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor or name ofthe . , '\ . Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Roger J. Richwine, Jr. ("Participant") is a participant in the Plan. Tiffany L. Richwine ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number and date of birth are: Name: Roger J. Richwine, Jr. Home Address: 407 Louisa Lane Mechanicsburg, P A 17050-7287 Social Security #: 193-64-6283 Date of Birth: November 1, 1971 6. The Alternate Payee's name, mailing address, social security number and date of birth are: Name: Tiffany L. Richwine Home Address: 33 Millers Gap Road Enola, PA 17025-1008 Social Security #: 179-54-1074 Date of Birth: January 1, 1971 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $4,000.00. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in an account established on her behalf and shall be credited with any investment income or losses attributable thereto from June 19,2006, the effective date of the Marital Settlement Agreement, until the date of total distribution to the Alternate Payee. Her account shall r be established in the same ratio as the Participant's account as regards any elective deferral account, nondeductible employee account, qualified nonelective contribution account, employer contribution account or rollover/transfer account and as regards any investment mix attributed to the Participant's accounts. However, the investment mix shall not include any loan to the Participant which is treated by the Plan as an investment sub-account of the Participant. III. Recitals Pursuant to Code ~414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in Paragraph 7 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code ~414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to the Participant and alternate payees under the terms ofthe Plan, including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this Order is deemed to be a QDRO, but before the < . . ' Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code 9414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable thereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. r _. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution made to her under this QDRO. 20. Until the plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code ~ ~40 1 (a)( 11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 7 of this QDRO. The sole purpose of this Paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in Paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to Alternate Payee's estate, or to any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. lfthe last Beneficiary Designation form filed with the Plan Administrator by the Participant prior to his death predates this QDRO and names the Alternate Payee as a beneficiary; then, the terms of this QDRO shall alone govern the Alternate Payee's share of any death benefit, and for the purpose of distributing any remaining death benefit payable under the Plan pursuant to the latest filed Beneficiary Designation form, the Alternate Payee shall be treated as having predeceased the Participant. No portion of any remaining death benefit shall be payable to the Alternate Payee or her estate or named beneficiaries. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code ~414(p )(7). While the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ~ //1 // ..//' .f </ a ....1...'......././.'.... r.. .. .' / //. . /t /L v;t' ~ ,~/ . . Tiffany y iChwine " Alternate Payee -~lff//r- .. / /~. -'? I..:/(J,?:.../ . '0..-/ I Constance P. Brunt, Esquire Attorney for Alternate Payee tr 1.f...J.. 0 Ii til "'M(1.. '111'c/ Bradley A. Winnick, Esquire Attorney for Participant BY THE COURT: DATED: ::r~'l. 2-t.t.. '2.007 , fV{,! ryp; J, .aft''''' ~"!f(lIL, c,) h( ,~'>rO {0 11 fl. f1 (f'V"'" vrdo) f";7,7 :'(;-,J, L;Jh y:;; . /- v If' ' , ' " '- ~. \ . '. . . (011 11 M.. "171'7/.. 7:7'fJcP Il 11(7 rr ?, i . ~ /.J ~V1l11 tri<fJ) }t1'1,7 ~ If" ;,f' rei! . J h"t i) r /. f { ..